| The
following terms and conditions made by the Winterport Water District
and approved by the Maine Public Utilities Commission constitute a
contract between the customer and the utility. Any failure to comply
with these rules and regulations, or requirements referenced herein,
may be cause for refusal or discontinuance of service.
The customer is further referred to the District's:
Cross-Connection Control Program
Material Specifications
Construction / Technical Specifications
Rights and Responsibilities as a Residential Customer
For areas not specifically addressed by this document or by
reference, the Maine State Plumbing Code is considered the minimum
requirement.
The District is further governed by the regulations of the Maine
Public Utilities Commission, and by "Rules Related to Drinking
Water" administered by the Maine Dept. of Human Services, Bureau of
Health, Division of Health Engineering Drinking Water Program.
1. DEFINITIONS Table
of Contents
The word "utility," WWD, or "District" refers to the Winterport
Water District.
The word "customer" means any person, firm, corporation, or
governmental division which has applied for and is granted service,
or who is responsible for payment of the service.
The words "water main" means a water pipe owned, operated, and
maintained by the utility, which is used to transmit or distribute
water but is not a water service pipe.
The words "service pipe" mean the pipe running from the main to the
premises of the customer.
The "MPUC" refers to the Maine Public Utilities Commission.
"Regular business hours" are defined as hours during which the
District's business office at 34 Sampson Street 614
State Street is open to the public to transact business.
Currently, these hours are 8:00 a.m. - 5:00 p.m. Monday - Friday
(excluding holidays).
2. APPLICATION OF SERVICE
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Application: Application for service shall be made by the customer
through the P.O. Box 128 Winterport. The application requires
written authorization and receipt of the establishment fee.
3.
BILLING FOR DOMESTIC SERVICE AND FIRE PROTECTION
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Billing: Customers are billed based on metered consumption or as
otherwise provided in accordance with the District's rates on file
with the MPUC.
Billing period: The District bills its customers on a quarterly
basis. The District does reserve the right to render bills monthly
if it so desires.
Billing Adjustments: Adjustments to
water bills may be made as determined by Chapter 62 of the MPUC
regulations, and the District Board of Trustees' Abatement of Water
Bills policy.
4. CREDIT AND
COLLECTION PROCEDURES
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of Contents
Procedures are based upon Chapter 810 (residential), Chapter 860
(non-residential), and Chapter 870 (Late Payment Charges and
Interest Rates) of the MPUC regulations.
Late Payment Charges: Beginning not less than 90 days after approval
of these Terms and Conditions, the District will charge interest
within the guidelines of Chapter 870 of the MPUC regulations for
bills remaining unpaid after the due date.
5. DISCONNECTION OF LEASED OR RENTED RESIDENTIAL PROPERTY
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Disconnection of single meter, multi-unit residential dwellings:
Service will be terminated in accordance with Chapter 810, and the
District may exercise its lien rights in accordance with 35A MRSA
6111 to collect a past due water bill, including a charge of $300
covering lien notification, preparation, filing and processing in
addition to the past due amount and collection fee. The District may
also apply any existing deposit to the current account balance. If
service is disconnected, the District may require installation of
separate shut-off valves and meters for each dwelling unit at the
landlord's expense prior to re-establishing service.
6. DISCONNECTION PROCESS FOR OVERDUE COMBINED WATER AND MUNICIPAL
SEWER BALANCES
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6.1 - The District may disconnect water service to customers
receiving sewer service from for non-payment of an undisputed
balance, if the total amount overdue is $181.94 and more than 45
days old.
Definitions:
Service Classification – “Service classification” includes water and
sewer services billed as residential, commercial, industrial, and
governmental accounts.
Total Account Balance – “Total account balance” means the total
water and sewer amount owed by a customer that has been properly
billed.
Total Amount Overdue – “Total amount overdue” means the total water
and sewer amount billed to a customer that has not been paid by the
due date of the bill, or by a date otherwise agreed upon by the
District and the customer. Disputed amounts will not be included in
the Total Amount Overdue.
6.2 - Billing: Bills shall be
issued in accordance with applicable sections of based upon Chapter
810, Chapter 860, and Chapter 870 of the MPUC regulations and
Section 3 of the Terms and Conditions for the Winterport Water
District.
6.3 - Disconnection and Reconnection: A 14 day disconnection notice
shall be issued when a customer does not pay or make a payment
arrangement on an undisputed balance, and the Total Amount Overdue
is greater that $181.94 and more than 30 days old.
6.4 - Subsequent collection actions, including disconnection and
reconnection, shall be in accordance with Public Utilities
Commission Chapters 810 and 860, and these Terms and Conditions.
6.5 - Payment Allocation: In the event that a payment is received by
the District which does not clearly indicate whether the payment is
for water or sewer, the District shall attempt to ascertain the
intentions of the customer. When such intentions cannot be
determined, money received shall be applied first to out standing
water bills, then to outstanding sewer bills.
6.6 – Payment Arrangement: The District shall continue to serve a
customer who cannot pay the Total Account Balance provided
satisfactory payment arrangements are made in accordance with the
Public Utilities Commission Rules and these Terms and Conditions.
6.7 – Dispute Resolution: The District shall resolve disputes in
accordance with Public Utilities Commission Regulations.
7. RESTORATION OF SERVICE
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During regular business hours, the District will charge a
reconnection fee of $45.00 to restore water service if the service
was disconnected for: non-payment of bills; violation of these Terms
and Conditions; fraudulent use of water; dangerous conditions;
violation of Commission rules; or upon customer request if the
disconnection is for more than five business days. Reconnection of
service outside of regular business hours is at the District's
discretion, and is charged to the customer at $40.00 per hour with a
minimum two-hour charge.
8. COLLECTION TRIP FEE Table
of Contents
If District personnel must visit a customer to disconnect for
non-payment and, in lieu of actual disconnection, the customer pays
or makes a payment arrangement; the District will charge the greater
of $10.00 or the maximum collection fee allowed by the MPUC
regulations.
9.
TERMS OF PAYMENT FOR DOMESTIC AND FIRE SERVICE BILLS
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Contents
All bills are due and payable upon presentation, and are considered
past due 30 days from the postmark. Payments may be made at the
District's office, or through designated collection points or
options listed on the bill. Failure of the customer to receive a
bill or disconnection notice does not relieve him/her of the
obligation of its payment nor from the consequences of non-payment.
The District does not accept any written conditions stated on a
check or other negotiable instrument unless such conditions are
specified in a separate written agreement signed by an authorized
WWD representative.
10. CHARGE FOR RETURNED
CHECKS
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Contents
In accordance with WWD's policy on returned checks, the District
charges for any check returned by the bank. The charge is the
maximum allowed by the Maine Public Utilities Commission; currently
the greater of $5.00 per check or the amount the bank charges the
District, not to exceed $15.00. The District will furnish the
customer with proof of any bank charges in excess of $5.00 if
requested.
11. UNAUTHORIZED USE OF
WATER
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Use of water is confined to the premises named in the service
application. Unauthorized use of water is considered theft of
services.
Authorized Use of Hydrants: Fire hydrants may not be used for any
purpose other than to extinguish fires unless prior permission is
given by the District. In any case, fire hydrants may not be opened
by any person other than an agent of the utility, a duly authorized
representative of the municipality, the owner, or as authorized by
the District.
12. MAINTENANCE OF PLUMBING
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A customer must maintain the plumbing and fixtures within his/her
premises in good repair and protect them from freezing. The meter
will be located in a warm, clean, dry, and accessible area such that
it can be serviced and read during normal business hours. The
customer is responsible for all labor, overhead, material and
equipment costs associated with replacing damaged or frozen water
meters. Painting of meters or remote reader units constitutes
damage.
13. NO TAMPERING
WITH UTILITY PROPERTY
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There shall be no tampering with or operating District
property--including but not limited to hydrants, standpipes, valves
(main line), service line valves or meters/remote readers--without
the consent of the District.
14. ACCESS TO PREMISES
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An employee of the District, having displayed a valid District
identification card with photo, will have free access during regular
business hours to all premises supplied with water to permit reading
of the water meter, inspection of the plumbing system, installation,
inspection, repair or removal of meter, and inspection of
cross-connection prevention.
15. LIABILITY
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The District will only be liable for any damages arising from claims
to the extent liability is provided in the Maine Tort Claims Act, as
set forth in Title 14, Chapter 741 of the Maine Revised Statutes
Annotated. The utility makes no representations or warranties about
the suitability of the water for any particular purpose.
16. SERVICE INTERRUPTION
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The District will provide notice of any planned shut-off to affected
customers at least 24 hours in advance of the interruption of
service. The District will give notice of any unplanned shut-off
when practicable. If a customer requests, the District will make a
pro rata reduction in the customer's minimum bill if service is
interrupted for longer than 48 hours and the interruption is not the
customer's fault.
17. METERING Table
of Contents
Installation: A customer may have a water meter installed after
signing for the meter at the District's office, or on receipt of
written request and establishment fee, and by making an appointment
to be present as necessary.
New Service: A customer installing a new service must furnish and
install a water meter at the customer's own expense. Meter size and
specifications will be determined by the District.
Meter Location: Meters shall be set within two feet of the point of
entry into the building, and in accordance with the District's
approved metering policy. Meters once set may be relocated, with
the District's approval, at the expense of the customer.
Meter size: The District will determine the size and number of the
meters to be installed (both temporary and permanent) based on
technical requirements and its metering policy.
Separate shut-offs: Except as provided in Chapter 8l0, each unit of
a multi-unit structure will have its own meter unless a variance is
granted. The District requires separate shut-offs in acceptable
locations always accessible to the District before tenants are
allowed to sign.
Mobile homes: Meters for mobile homes will be installed inside the
unit.
Pit meters: Meters in pits are allowed only with District permission
and in accordance with the requirements of the Maine Drinking Water
Program.
Location of reader: Remote readers will be installed in a protected
outside area accessible at all times. The owner is responsible for
the care of and any damage to the remote reader.
18. METER TESTING
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Upon customer request, the District will test the customer's water
meter in the presence of the customer or representative, at no
charge unless the customer requests more than one test in 18 months.
If the customer requests a test more frequently, the District will
require the customer to pay a deposit equivalent to the appropriate
charge listed below to cover the cost of the test. If a meter tested
at the customer's request does not conform to MPUC standards, the
customer's deposit will be refunded and the District will adjust the
customer's bill according to the provisions of Chapter 620. If the
meter conforms to the standards, the District will retain the
customer's deposit and may continue to use the meter at the
customer's premises.
Replacement / Repair of damaged meters: The charge for the repair of
meters damaged due to improper care by the customer is:
| Size
|
During business hours |
After hours |
|
|
|
| 5/8
- 1"
|
$65.00 plus invoice for replacement |
$110 plus invoice for replacement |
| 1
1/2 - 2" |
$60.00 plus invoice for replacement |
$100 plus invoice for replacement |
| 2
1/2" and up |
$95.00 plus invoice for replacement |
$180 plus invoice for replacement |
All meters must be replaced when damaged.
Charge for testing meters at customer's request: During
business hours, a charge of $55.00 will be made for testing meters
size 5/8" to two inch; for testing meters 2 1/2 inches and larger,
the charge will be $95.00.
19. SUBMETERING Table
of Contents
Meters for showing subdivision of water use must be furnished,
installed, read, and maintained at the customer's own expense.
20. ISOLATION VALVE
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The District requires that the service pipe will be equipped with
water isolation valves located near the service entrance on both
sides of the meter. These valves are installed, owned, and
maintained by the owner. The service pipe is to be equipped with
adapters (supplied by the owner) compatible with the meter couplings
(supplied by the District). These adapters are installed, owned and
maintained by the owner.
21. CROSS CONNECTIONS Table
of Contents
All customers--both new and existing-will comply with all provisions
of the District's approved cross-connection control program
regarding installation, inspection, maintenance, and testing of
approved backflow prevention devices. All requirements of the
District's cross-connection control program must be met before water
service will be supplied to new accounts. If a customer fails or
refuses to break or properly protect the cross connection within a
time limit specified by the utility, the utility may disconnect the
service per its approved program.
22. WATER PRESSURE
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Services utilizing a booster pump or other means to provide fifteen
(l5) pounds pressure or greater shall be equipped with an approved
double check valve assembly located between the isolation valve and
the water meter, unless a variance is requested.
A customer may not install or use any device which will affect the
District's pressure or water quality without prior utility
permission. If permission is granted, the District may require the
customer to confine or reduce such fluctuations to limits determined
by the District. Failure to comply will result in termination of
service in accordance with Chapter 810 or Chapter 860 of the Maine
Public Utilities Commission.
23. SAFEGUARDING DIRECT PRESSURE WATER DEVICES AND SYSTEMS
SUPPLIED BY AUTOMATIC FEED VALVES Table
of Contents
Safeguarding direct pressure devices: Customers must install vacuum,
temperature, and pressure relief valves or cutouts to prevent damage
to a direct pressure water device or secondary system supplied by an
automatic feed valve, should a reduction occur in the water main
pressure. The District is not liable for damage resulting from lack
of or failure of these devices.
24. UTILITY JOBBING Table
of Contents
"Utility jobbing" means unregulated utility services, including but
not limited to construction and laboratory services.
A customer must complete a written
application before a utility will provide unregulated utility
service.
Applicants are required to provide, in advance, sufficient funds as
provided in a written estimate by the District to cover the
anticipated District expense. The District will return excess
funding within 30 days of project completion; costs in excess of the
estimate will be billed to the customer and must be paid within 30
days.
Work performed in support of unregulated utility service outside
regular business hours will be charged at overtime rates.
New service installation: The District does not extend its water
mains or services. The customer is responsible for the service
installation and provides all appurtenances to complete the
installation of the service line from the water main into the
premises to be served, including the water meter. Installations and
all appurtenances must meet District specifications.
A "Request for Water Service - Municipal Authorization" must be
completed and signed by the authorized municipal officials before
the District will supply service to new services.
District ownership: The District shall own and maintain the service
pipe including the curb stop within the limits of the public way.
Customer ownership: The owner shall, at his/her own expense,
install, own and maintain the portion of the service pipe between
the edge of the public way and the water meter. To avoid potential
problems regarding the location of the service pipe, the owner is
requested to consult with the District prior to the installation or
renewal of their service pipe.
Bulk Water Sales: At customer request and in compliance with the
District's policy for meters set on hydrants, the District may
provide a meter and backflow preventer for temporary bulk water from
a hydrant for a construction site, or for filling a swimming pool,
holding tank, or other large container.
25. WINTER CONSTRUCTION
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of Contents
No new service or extension of mains will be installed for the
convenience of a customer during winter conditions which increase
the cost of the work for the District unless the customer assumes
all extra expense over ordinary construction costs.
26. SERVICE PIPE
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Customers are referred to the District's Construction / Technical
Specifications regarding joint use of service pipe trench.
Separate service: Unless otherwise approved, each dwelling unit will
have its own service and curb stop (shut off) in accordance with the
District's construction specifications.
Valve box location: Valve boxes for water mains and services shall
be at least five feet from all structures and at least two feet from
all shrubs and trees.
Service pipe: Service pipe installed underground must be Type K
copper. Service pipe installed above ground or inside a building
must be Type K or L copper; this copper must extend to at least two
feet beyond the water meter. The owner's service pipe is to be
located such that the water meter can be installed within two feet
of the point of entry of the building served as measured along the
water pipe. No unmetered connections are allowed before the water
meter.
Inspection: The District shall inspect all underground service
installations including renewals prior to backfilling. The District
shall be given advance notice such that inspection may be performed
during regular business hours. Work performed outside of regular
business hours requires advance approval; this work will be
considered utility jobbing, and will be billed to the customer.
Approval of such installation by the District does not constitute a
guarantee by the District as to the sufficiency of the materials or
workmanship.
27. FLAT RATE
DOMESTIC SERVICE BILLING
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of Contents
All customers billed on flat rates will be charged for all fixtures,
whether used or not. If a hot and cold water faucet supply the same
fixture, only one faucet will be charged. No water will be furnished
for less than the first faucet rate. No customer supplied with water
on flat rates may install any additional fixtures or alter any
previously installed fixtures without first giving written notice to
the District.
Customers on flat rates must prevent all unnecessary waste of water.
Water will not be supplied on flat rates for any continuous flow
device. The District will decide what constitutes waste or improper
use and will restrict usage when necessary.
28. PRIVATE FIRE PROTECTION
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Contents
Customers requiring private fire protection must contact the
District to determine the availability of fire service at their
location. All associated costs in the determination of the
availability of fire service shall be borne by the customer. Fire
service, if available, will be installed at the customer's expenses
within the bounds of the public way or right-of-way. The fire
service line, after installation, will be owned and maintained in
the public right-of-way by the District. The District does not
guarantee any quantity of water or pressure available through a fire
protection system. The owner of the service shall determine, from
time to time, the adequacy of the supply through the first service
by conducting tests of the private system. Timely notice must be
given to the District so a representative of the District can be
present to observe the test.
Customers wishing to cancel fire service protection must notify the
District in advance and in writing, and must have permission in
writing from the appropriate fire department official. Physical
shut-off of the fire service and/or private hydrant(s) will not be
made by the District until the prescribed notice has been made.
29. VARIANCES
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Requests for a variance to these Terms and Conditions must be made
by a customer through a written request to the District.
30. AVAILABILITY
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Availability: A minimum notice of two business days is required to
turn on a service or set a water meter, unless the service has been
disconnected for non-payment. The customer or his designee –
representative must be present on the premises when water service is
turned on. A minimum notice of five business days is required to
discontinue service, and the customer is responsible for service
until the appropriate notice has been made. These services are
available during regular business hours, and someone must be on the
premises if entry by District personnel is required.
Emergency Service: Emergency
service of a limited nature is provided during non-business hours
when-in the opinion of the District-public health or safety is at
risk. Work performed for a customer will be billed to the customer,
payable within 30 days.
31. VISIT TO PREMISES Table
of Contents
A visit to the premises by District personnel to establish,
maintain, or terminate service may be required. Service personnel
will not enter the premises nor restore water service to the
premises unless accompanied by the customer or a representative
thereof.
32. WATER CONSERVATION Table
of Contents
When necessary to conserve the water supply, the District may
restrict or prohibit water use for both flat rate and metered
customers.
33. FROZEN SERVICES
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When a customer has to thaw a frozen service pipe and it cannot be
determined whether it was frozen on the District's portion of the
pipe or the customer's portion, one-half of the cost of thawing the
pipe shall be borne by the District per MPUC regulations.
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